Better administrative decision-making

Better administrative decision-making

Poor administrative decision-making processes affect some of our most vulnerable clients and can greatly impact on their lives. In a social security context, it can mean having payments stopped or suspended or being prosecuted for fraud even where a genuine mistake has been made. For migration matters, it can lead to prolonged detention or being denied a visa or the right to be reunited with family members.

Many of our clients are not in a position to assert their rights to challenge administrative decisions. While we regularly assist clients to review decisions, we believe it is better to prevent a problem rather than solve it.

For this reason, we identify opportunities to improve decision-making processes to ensure that primary decisions and review processes comply with the best legal framework for administrative decisions.

Justice and law reform activities

Supporting the establishment of a National Disability Insurance Scheme

In this submission we indicated our general support for the establishment of a National Disability Insurance Scheme (NDIS) but made some recommendations for improvement. For example, we recommended meaningful access to review of decisions by ensuring legal assistance was adequately funded. We are members of the Every Australian Counts campaign, which supports the introduction of an NDIS.

Read: Submission on the National Disability Insurance Scheme Bill 2012 (Commonwealth Senate Community Affairs Committee) (doc, 375 KB)

Judicial review

This submission acknowledged the importance of judicial review as a check on the legality of government actions.

Read: Submission on Judicial Review in Australia (Administrative Review Council) (doc, 286 KB)